Dated : 21.08.2023
CORAM:THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.16821 of 2023
Introduction:
The case of W.P.(MD)No.16821 of 2023 revolves around a Writ Petition filed under Article 226 of the Constitution of India before the High Court. The petitioner, B. Sundramoorthi, seeks a Writ of Mandamus, directing the respondents, including the Additional Chief Secretary and the District Collector, to consider his representation for inclusion in the panel for the post of Tahsildar. The case was heard by Mrs. Justice L. Victoria Gowri on 21st August 2023. The petitioner was represented by Mr. S. Ramsundarvijayraj, and the respondents were represented by Mr. P. Veera Kathiravan, the Additional Advocate General.
Facts of the Case:
- Sundramoorthi, the petitioner, was initially appointed as a Junior Assistant in 1997 and later became a Special Tahsildar in Aruppukottai Taluk, Virudhunagar District. Despite the regularization of his services as Deputy Tahsildar and completing his probation period, his name was not included in the panel of Tahsildar for 2019. The petitioner’s representation dated 23rd June 2023 to include his name in the panel as per the proceedings of the District Collector was not considered by the respondents.
Legal Issues:
The central legal issue in this case pertains to the non-consideration of the petitioner’s representation for inclusion in the panel for the post of Tahsildar. The key question is whether the Court should intervene through a Writ of Mandamus to direct the respondents to consider the petitioner’s representation.
Arguments and Analysis:
The petitioner’s counsel argued that the petitioner’s representation had not been considered despite his eligibility and fulfilling the necessary requirements. The petitioner’s name had not been included in the panel for the post of Tahsildar for 2019, which was inconsistent with his regularization and completion of probation as Deputy Tahsildar. The counsel emphasized that the respondents’ failure to consider the representation amounted to dereliction of duty and warranted judicial intervention.
The respondents, represented by the Additional Advocate General, acknowledged the petitioner’s right to have his representation considered. However, they did not express any opinion on the merits of the claim. They argued that statutory authorities had a duty to consider such representations and pass appropriate orders within a stipulated time.
Court’s Decision:
Justice L. Victoria Gowri, in her analysis, recognized the importance of statutory authorities considering representations on their merits within a reasonable time. She noted that the failure to do so would amount to a dereliction of duty. The Court acknowledged that it has the power under Article 226 of the Constitution of India to direct authorities to consider such representations.
Considering the circumstances of the case, the Court issued a Writ of Mandamus, directing the respondents to consider the petitioner’s representation dated 23rd June 2023 for inclusion in the panel for the post of Tahsildar. The Court instructed the respondents to pass appropriate orders on the merits and in accordance with the law within eight weeks from the date of the order.
Conclusion:
The case of W.P.(MD)No.16821 of 2023 highlights the importance of timely consideration of representations by statutory authorities. It illustrates how the judiciary can use its powers under Article 226 of the Constitution of India to ensure that due process is followed and individuals’ rights are upheld. The judgment emphasizes the duty of authorities to consider representations on their merits and pass appropriate orders, thereby safeguarding the principles of administrative fairness and accountability.
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Written by- Shreeya S Shekar
